Wednesday, December 04, 2013

MAS Must
Immediately Revoke Suspension of Union President Ismail Nasaruddin

Worker Right
Issue Should Be Resolved By Negotiations Not ‘Union Busting’

We, the 40 undersigned civil society groups, trade unions and organizations are
disturbed by the news that Malaysian Airlines, a government linked company, has
suspended the president of the National
Union of Flight Attendants Malaysia (NUFAM), Ismail Nasaruddin in connection
with a statements made to the media by the Union, which amongst others
suggested that MAS’s Chief Executive Officer (CEO),Ahmad Jauhari Yahya who was appointed
in 2011, should resign. Ismail was
allegedly suspended without allowances with immediate effect starting Nov 8
following a news report quoting him that was published on the same day.

According to a news report, ‘…NUFAM
Secretariat said it is calling on the prime minister to review Jauhari's
contract and remove him as the CEO of MAS, which is a government appointed
position, unhappy that there has been no changes in resolving the cabin crew's
problems…’ (The Sun Daily, 8/11/2013, NUFAM
calls for resignation of MAS' CEO).

Amongst the alleged grievances
being raised by NUFAM, which
represents 3,500 cabin crew at Malaysia Airlines (MAS), as was contained in the
said Sun Daily report are:-

· New policy imposed by MAS on a weight control ruling where cabin crew are told to reduce their weight to achieve a certain body mass index within three to six months. Failure to do so would result in an automatic transfer to ground work. The new rule is also a blanket policy and affects all cabin crew members including those who have just returned from maternity leave and may find it difficult to drastically lose weight within a short time frame;

· Cabin crew who joined in 2004 or later are no longer able to enjoy the transport services provided by the airline for pick-up from home, and Ismail said this is unfair to those who joined in 2004 or later, as they had signed contracts that included transportation as part of the benefits; and

· That the MAS management have allegedly cut costs drastically which affected the cabin crew resulting also a failure to review allowances and salaries.

We are especially concerned with this
‘weight control ruling’ which certainly is discriminatory against women,
especially to those returning from pregnancy. Increase of body mass index
sometimes may be beyond the control of a human being, and this really should
not be used to affect their employment.

NUFAM alleges that it wants MAS to
sit down with the Union to discuss and negotiate a new Collective Bargaining
Agreement (CBA/CA) but apparently MAS is not interested to do so at this
moment, citing as reason some judicial review.

Now, MAS has commenced disciplinary
actions against Ismail Nasaruddin, and according to a Malaysiakini report, it
is allegedly because MAS
said Ismail had acted in contradiction with his duties as a chief steward of
the airline by issuing the statement. (Malaysiakini,
14/11/2011, MAS suspends chief steward for criticising CEO)

Now, clearly the statements were made by Ismail in his
capacity as President of the Union, representing some 3,500 workers, and as
such he has the duty and obligation to fight for the rights of workers and that
includes applying pressure on the employer and even calling for the removal of
any of such employer’s officers or even Directors who is standing in the way of
a prompt resolution of the dispute. Unlike employers, every day that a worker’s
issues is not resolved, it is the workers that will continue to suffer. A
prompt resolution is best and just.

No worker, group of workers or unions should be barred from making
public statements to the media or otherwise in the struggle for worker rights
and human rights. This right is clearly acknowledged in the Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, commonly known today as the
UN Human Rights Defender Declaration.

We condemn the action of Malaysian Airlines (MAS) in
commencing disciplinary actions against a Union leader, and urge MAS to
immediately stop this and revoke the suspension of Ismail Nasaruddin.

We call on MAS to immediately sit down, negotiate and resolve
these outstanding worker issues with the trade union rather than resorting to
‘union busting’ strategies which include disciplinary actions againstworker and union leaders who dare to fight
for worker rights.

We call on the Malaysian government to immediately to act, given
the fact of the much influence it has in a government-linked company like MAS,
to ensure that justice is done for Ismail
Nasaruddin, the Union and its members.

Senator Syed Shahir bin Syed Mohamud

Charles Hector

Mohd Roszeli bin Majid

Pranom Somwong

For and on behalf of the following 40 civil society groups, trade unions
and organizations

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